Forgiveness in Islamic Ethics and Jurisprudence

Some commentators characterize the relationship between Islam and other religions as a clash of cultures. Deep seated senses of harm, whether arising from the Crusades or 9/11, make the process of intercommunal engagement particularly challenging. However, some contemporary Muslim scholars propose a new paradigm for constructive interaction with non-Muslim communities that is authentically rooted in Islamic jurisprudential and textual traditions. The paper explores a number of potential starting points for intercommunal toleration, forgiveness, and reconciliation within Islamic tradition. Islamic jurisprudence contains deep commitments to forgiveness and reconciliation in its textual traditions (the Quran and Sunna), in its classical jurisprudence (particularly in criminal and international law), and in its modern intellectual engagement (e.g., the dialogue work of the Gulen movement)

Beyond Lane: Who is Protected By the Americans With Disabilities Act, Who Should Be?

This article reviews the state of disability law under the Americans with Disabilities Act ( ADA ), with particular attention paid to Lane and other recent Supreme Court cases. In Lane, the Court affirmed that Congress validly exercised its power when it made states subject to suits under the ADA, at least with regard to limitations on access to courts. While the decision addresses Title II of the ADA (restrictions on state discrimination), it does have broader implications for the Act as a whole. Lane reflects a significant shift in the ethical paradigm used by the court to decide ADA cases and creates the opportunity to re-open dialogue about the policy goals of the ADA and broader questions of justice for those with disabilities. Analysis of the measurable impact of the ADA continues and results in sometimes conflicting assertions. With this in mind, the article proposes specific empirical studies to test the effectiveness of the ADA as well as alternative language intended to better meet the original legislative intent

Toward Reconciliation in the Middle East: A Framework for Christian-Muslim Dialogue Using Natural Law Tradition

In this paper, Professor Powell argues that the thinking of Bernard Lonergan in light of the natural law insights of St. Thomas Aquinas, Ali Ezzati and Abdullahi Ahmed An-Na\u27im provides a framework for Christian-Muslim dialogue. Lonergan\u27s transcendental method moves from the individual subject to universal insights rather than presuming to deduce universals a priori, without regard for history, culture and individual experience. Professor Powell asserts that the most fruitful starting place for meaningful dialogue is to address questions of human rights and social justice using natural law theory, rather than focusing on theological concerns. If Muslims and Christians mutually acknowledge and defend basic human dignity as a consequence of commonly held natural law conclusions, reconciliation and the formation of solidarity become more likely. His proposal to use natural law as a framework for Christian-Muslim dialogue is made within the Thomistic tradition; however, he accepts some postmodern intuitions. Thus, his theoretical approach tends to be more like that of Bernard Lonergan or Steven D. Smith than that of John Finnis. Professor Powell’s concern for rights and procedure make me sympathetic to the work of Ronald Dworkin and Lon Fuller, respectively, particularly with regard to praxis

Beyond Lane: Who is Protected By the Americans With Disabilities Act, Who Should Be?

This article reviews the state of disability law under the Americans with Disabilities Act ( ADA ), with particular attention paid to Lane and other recent Supreme Court cases. In Lane, the Court affirmed that Congress validly exercised its power when it made states subject to suits under the ADA, at least with regard to limitations on access to courts. While the decision addresses Title II of the ADA (restrictions on state discrimination), it does have broader implications for the Act as a whole. Lane reflects a significant shift in the ethical paradigm used by the court to decide ADA cases and creates the opportunity to re-open dialogue about the policy goals of the ADA and broader questions of justice for those with disabilities. Analysis of the measurable impact of the ADA continues and results in sometimes conflicting assertions. With this in mind, the article proposes specific empirical studies to test the effectiveness of the ADA as well as alternative language intended to better meet the original legislative intent

Forgiveness in Islamic Ethics and Jurisprudence

Some commentators characterize the relationship between Islam and other religions as a clash of cultures. Deep seated senses of harm, whether arising from the Crusades or 9/11, make the process of intercommunal engagement particularly challenging. However, some contemporary Muslim scholars propose a new paradigm for constructive interaction with non-Muslim communities that is authentically rooted in Islamic jurisprudential and textual traditions. The paper explores a number of potential starting points for intercommunal toleration, forgiveness, and reconciliation within Islamic tradition. Islamic jurisprudence contains deep commitments to forgiveness and reconciliation in its textual traditions (the Quran and Sunna), in its classical jurisprudence (particularly in criminal and international law), and in its modern intellectual engagement (e.g., the dialogue work of the Gulen movement)

Zakat: Drawing Insights for Legal Theory and Economic Policy from Islamic Jurisprudence

The rapid development of complex income taxation and welfare systems in the 20th century may give the impression that progressive wealth redistribution systems are uniquely modern. However, religious systems provided similar mechanisms for addressing economic injustice and poverty alleviation centuries earlier. Zakat is the obligation of almsgiving and is the third pillar of Islam - a requirement for all believers. In the early development of the Islamic community, zakat was collected as a tax by the state and the funds were distributed to a defined set of needy groups. As a theoretical matter, there are three insights that make zakat an especially relevant subject for modern legal scholars. First, zakat is an example of a modest wealth tax combined with an income tax that may be illustrative in the discourse regarding wealth taxes. Second, the jurisprudence of zakat supports the ethical conclusions of scholars who contend that property rights are attached to post rather than pre-tax income. Third, to the extent that zakat is considered a principal source of revenue for public programs, it might imply a limited role for government, focusing on equitable distribution of goods. This paper begins with a thorough evaluation and synthesis of the traditional Islamic jurisprudence related to zakat. The next section identifies three broad approaches to zakat adopted by modern Muslim states, with particular emphasis on ways that zakat is institutionalized legally. This is followed by an empirical analysis of the correlation of the approaches to zakat with (1) individual income and (2) wealth stratification. The article concludes with observations and policy recommendations related to zakat and broader legal theory based on the earlier qualitative analysis and empirical findings

Does Shari’a Play a Role in Turkey?

This essay explores the relationship of religious law with contemporaryTurkey. The essay discusses certain civil law supporting the adoption of Sharia in Turkey, the role of religious people in providing protection to religious freedom in Turkey, and the role of traditional Kemalist secularism laiklik in distinguishing Turkey